Ben & Jerry’s suing adult film maker over Ben & Cherry’s parallels

By Mark Astley

- Last updated on GMT

Ben & Jerry's Boston Cream Pie. Not to be confused with Boston Cream Thigh.
Ben & Jerry's Boston Cream Pie. Not to be confused with Boston Cream Thigh.
US ice cream giant Ben & Jerry’s has filed a lawsuit against the makers of the ‘Ben & Cherry’s’ X-rated DVD series, claiming that the films are smearing its reputation.

Vermont-based Ben & Jerry’s, which is a wholly-owned subsidiary of Unilever, has filed a trademark infringement lawsuit against California-based Rodax Distributors – the makers of the ‘Ben & Cherry’s’ series.

According to the lawsuit, Rodax Distributors made and sold pornographic films featuring titles based on well-known Ben & Jerry’s ice cream flavours including ‘Boston Cream Thigh’ – an alleged revision of the Boston Cream Pie ice cream flavour.

The lawsuit also cites the films ‘New York Super Fudge Chunk’ and ‘Peanut Butter D-Cup’, which bear similarities to the Ben & Jerry’s New York Fat & Chunky and Peanut Butter Cup flavours.

The court-filed document also alleges that the DVD jackets of the ‘Ben & Cherry’s’ series, which feature grazing cows and green grass, mimic Ben & Jerry’s ice cream products packaging.

Protect its brand

“Ben & Jerry’s filed a lawsuit on Wednesday September 05, 2012 to halt the production and sale of pornographic material which utilised Ben & Jerry’s likeness,”​ said a statement sent to DairyReporter.com.

“The ice cream maker acted to protect its company, brand, products and image.”

“This is a clear cut issue where the video company is imitating Ben & Jerry’s logo, flavour names and trade dress to sell their products. We have taken prompt legal action to stop the manufacturing and sale of these materials,”​ the statement added.

Trademark infringement

The lawsuit, which was filed at the US District Court in Manhattan, New York, Ben & Jerry's calls for a halt to the production and sale of pornographic material which utilises Ben & Jerry’s likeness, by Rodax Distributors.

The firm is also seeking unspecified damages relating to the alleged trademark infringement.

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1 comment

Hypocrite....

Posted by Dairyman,

Didn't this company produce an ice cream called schweddy balls?

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